Author: Michele L. (Warnock) Brott, Davis Brown Law Firm

fired

Firing Employee Who Made Threats: Opposition Isn’t Always Protected

The Iowa Court of Appeals recently found that an employee who made violent threats on Facebook couldn’t sue her former employer for retaliation after she was terminated. The court’s decision is important because it allows employers to make termination decisions when a protected complaint is pending. In other words, not all opposition is protected.

EEOC

EEOC Outlook for 2018: What Should Employers Expect from the Agency?

Many federal agencies and their regulations experienced a lot of changes during 2017. The Equal Employment Opportunity Commission (EEOC), by contrast, had a relatively uneventful year. No major controversial issues surfaced, key leadership positions were left unfilled, and some EEO issues are important to the president’s daughter—and by extension may be important to him. So […]

cybersecurity

Unpermitted Internet Use at Work Can Be Catastrophic for Both Employees and Employers

In Texas, impersonating another person online is a crime under Tex. Penal Code § 33.07. A plethora of legal implications have developed in the labor and employment law context with the rise of social media and advertising sites such as Craigslist. Employers may not yet realize the impact such sites can have on their organizations, but the […]

ban the box

Ban the Box Now: More the Rule than Exception when Screening

Ban the box laws that remove the box on applications that job applicants are asked to check if they have a criminal record are now more the rule than the exception for Human Resources professionals when screening applicants. As of March 2018, 30 states and more than 150 cities and counties have ban the box […]

transgender

6th Circuit Rules Title VII Prohibits Transgender Discrimination

On March 7, 2108, the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—granted summary judgment to the Equal Employment Opportunity Commission (EEOC) on its claim that a former employee of a funeral home in Michigan was fired from her job because of her transgender status in violation of Title VII of the […]

healthcare

Implement Innovative, Integrated Practices for Healthcare Cost Savings

A group of best-performing companies has achieved a $2,251 per employee per year (PEPY) healthcare cost advantage over the national average in 2017 ($9,950 compared with $12,201), according to global advisory, broking, and solutions company Willis Towers Watson’s 22nd annual Best Practices in Health Care Employer Survey.

EEO-1

EEO-1 Deadline Coming Up March 31

March 31 is the deadline employers must meet for submitting EEO-1 reports to the Joint Reporting Committee (JRC). The JRC represents the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) for purposes of collecting employers’ EEO-1 reports.

vaccine

North Carolina Hospital Settles Religious Discrimination Claims Over Flu Vaccine Policy

Many healthcare providers in North Carolina have instituted policies requiring their employees who have patient contact to receive the flu vaccine each year. Such policies will typically include a process by which an employee can object to receiving the vaccine based on religious beliefs or medical concerns, such as an allergy to the vaccine’s ingredients. […]

Millennial

3 Ways to Prepare Millennials for Leadership Positions

We’re in the middle of a substantial workforce gap. As Baby Boomers and Gen Xers proceed into retirement, Millennials are taking over as the largest portion of the U.S. workforce, according to Pew Research—leaving a huge gap to fill in terms of leadership.